46.2-1572.2 - Mediation of disputes. - Virginia Statutes

§ 46.2-1572.2. Mediation of disputes.

At any time before a hearing under this article is commenced before theCommissioner, either party to a franchise agreement for the sale or serviceof passenger cars, pickup trucks or trucks may demand that a dispute besubmitted to nonbinding mediation as a condition precedent to the right to ahearing before the Commissioner.

A demand for mediation may be served on the other party and shall be filedwith the Commissioner at any time before a hearing is commenced by theCommissioner. The service of the demand for mediation shall, of itself, tollthe time required to file requests for hearings and for the time forcommencing and completing hearings under this article until mediation isconcluded.

A demand for mediation shall be in writing and shall be served upon the otherparty by certified mail at an address designated in the franchise agreementor in the records of the Department. The demand for mediation shall contain abrief statement of the dispute and the relief sought by the party filing thedemand.

Within ten days after the date on which the demand for mediation is served,the Commissioner shall select one mediator from his approved list ofmediators or from the lists of hearing officers as set forth in § 2.2-4024.Within twenty-five days of the date of demand, the parties shall meet withthe mediator for the purpose of attempting to resolve the dispute. Themeeting place shall be within the Commonwealth at a location selected by themediator. The mediator may extend the date of the meeting for good causeshown by either party or upon the stipulation of both parties.

(1994, c. 418.)